united states department of state - xk.usembassy.gov … · (1) 52.203-19, prohibition on requiring...
TRANSCRIPT
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Dear Prospective Quoter:
SUBJECT: Solicitation Number 19KV4221Q0008
The Embassy of the United States of America invites you to submit a quotation for INL -Handheld detector
for explosive and narcotics.
Your quotation must be submitted in a sealed envelope marked "Quotation Enclosed" to the Matthew
Connors on or before 15:00 local time on December 15, 2020.
No quotations will be accepted after this time.
In order for a quotation to be considered, you must also complete and submit the following:
1. SF 1449 2. Section 1, Pricing 3. Section 5, Representations and Certifications and ensure compliance with FAR 52.229-11 is
completed with IRS Form W-14 found at www.irs.goc/w14
4. Additional information as required in Section 3
Direct any questions regarding this solicitation to Matthew Connors by email
[email protected] or by telephone +3833859593000 during regular business hours.
Sincerely,
Matthew Connors
Contracting Officer
United States Department of State
U.S. Embassy Pristina
January 5, 2021
mailto:[email protected]
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TABLE OF CONTENTS
Section 1 - The Schedule
• SF 1449 cover sheet
• Continuation To SF-1449, RFQ Number 19KV4221Q0008, Prices, Block 23
• Continuation To SF-1449, RFQ Number 19KV4221Q0008, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement
• Attachment 1 to Description/Specifications/Statement of Work, Government Furnished Property
Section 2 - Contract Clauses
• Contract Clauses
• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3
- Solicitation Provisions
• Solicitation Provisions
• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12
Section 4 - Evaluation Factors
• Evaluation Factors
• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
Section 5 - Offeror Representations and Certifications
• Offeror Representations and Certifications
• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
REQUISITION NUMBER
PR9513704
PAGE 1 OF 58
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE :
4. ORDER NUMBER
5. SOLICITATION NUMBER
19KV4220Q0008
6. SOLICITATION ISSUE DATE
01/05/2020
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Sahit Musliu – Procurement Agent
b. TELEPHONE NUMBER(No collect calls)
+3813859593000
8. OFFER DUE DATE/
January 21, 2021
@ 15:00
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:
US EMBASSY PRISTINA
4 Korriku 25
10000
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
10000 Pristina
Kosovo
HUBZONE SMALL
BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
EDWOSB
8 (A) SIZE STANDARD:
11. DELIVERY FOR FOB DESTINAT-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
Sahit Musliu – Procurement Agent
17a. CONTRACTOR/
OFFERER
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY
U.S. Embassy Pristina
For FMO/
4 Korriku 25
10000 Pristina,
Kosovo
CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
1.
INL- Handheld detector for explosive and
narcotics.
JAMES ZADROGA 9/11 VICTIMS HEALTH AND
COMPENSATION ACT OF 2010 NOTICE: UNLESS A
WAIVER OR EXCEPTION APPLIES, PAYMENTS
SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT
TO AN EXCISE TAX OF 2% PERSUANT TO 26
U.S.C. 5000C.
1
PROJ
(Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __4__ COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT
TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR
CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or
print)
Matthew Connors - CO
31c. DATE SIGNED
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
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RFQ NUMBER 19KV4221Q0008
PRICES, BLOCK 23
I. Scope of Services
The Contractor shall deliver items as described to the U.S. Embassy in Pristina,
This is a firm-fixed price type of purchase order/contract.
The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to
deliver the required items to the American Embassy in Pristina.
All prices are in local currency – Euro or for potential offerors from U.S is $.
Background
The Bureau of International Narcotics and Law Enforcement Affairs (INL) is responsible for the development, supervision,
coordination, and implementation of international narcotics control assistance activities and international criminal justice issues
for the U.S. Department of State (DOS). INL is mandated to furnish assistance to countries and international organizations in
stabilizing post-conflict societies and strengthening democracies through the institutional development of criminal justice systems.
INL’s authorities are found in Chapter 8, Part I of the Foreign Assistance Act of 1961, as amended.
INL intends to assist the Kosovo Police Operation Department by donating an equipment which detects the presence of hazardous
substances at a crime scene or at border crossing points such as explosives, toxic and flammable chemicals, chemical weapons and
many other hazardous substances, such as fentanyl.
Scope of work
Line item: 001 – DUOSCAN MS-3000-D-20-Dual-Mode Explosives and Narcotics Trace & Vapor Detector – Brand name or
equal
Quantity: 1 (one)
Minimum technical specification required:
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Line item: 002 – MS Technologies MS-3000-S-11 - Integrated Sampling Swabs (Reusable Wand & Spring Knob) – Brand name
or equal
Quantity: 50 (fifty)
Line item: 003 – MS Technologies MS-3000-S-01 – Sampling Swabs Head (~30-120samples for each Head) – Brand name or
equal
Quantity: 500
Line item: 004 – MS Technologies MS-3000-C-06 – Isopropyl (70%) Swabs – Brand name or equal
Quantity: 500
Line item: 005 – MS Technologies – MS-3000-A-10 – Brand name or equal
Quantity: 1 kit
Technical specification: Accessories Trolley must be supplied with:
• Locking wheels
• Drawers
• Locking Keys & Combination Lock
• Detector Docking Station
• Sampling Swab Docking Station
Line item: 006 – MS Technologies Sensor Matrix, Spare Parts MS-3000-C-05– Brand name or equal
Quantity: 1 kit
Line item: 007 – Duoscan training
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Quantity: 1 LOT
Specification: Technical and Operational Training of Security Operators (up to 20 in total) by Factory Explosives Specialists.
Course includes IED training, narcotics concealment techniques and the Certification of the Operators at customer site for 1 year.
Line item: 008 – Service and maintenance
Quantity: 2 Years
Specifications: 2 Years’ Service Agreement including 2 Long Preventive Maintenance (“LPM”) at customer facilities per
year; and including optional upgrades for new explosives/narcotics threats.
Equipment should be supplied with relevant user manual, necessary certifications, and technical documentations in English and/or
Albanian.
GENERAL REQUIREMENTS
TYPE OF CONTRACT
The Government intends to award a single, firm fixed–price contract to the offeror whose offer is evaluated as providing the best
value. The total price shall include all labor, travel expense (if any), materials, overhead, profit, insurance, and all other expenses
necessary to deliver the required items. No additional sums will be payable for any escalations in the cost of materials,
equipment, or labor, or because of the contractor’s failure to properly estimate or accurately predict the cost or difficulty of
achieving the results required.
BILLING INFORMATION Attention: Financial Management Office and cc: [email protected]. SHIPPING ADDRESS All equipment should be delivered in the United States Embassy in Pristina, street: St. 4 Korriku no. 25 Arberia, 10000, Pristina. Kosovo.
PERFORMANCE REQUIREMENTS All work must be performed in accordance with contractor’s final revised proposal. All proposed equipment MUST be fully operative and functional. END SOW
II. Pricing
Line
Item Description
Uni
t
Unit
Price Est. Quantity* Total Price
01
DUOSCAN™-Dual-Mode
Explosives and Narcotics Trace &
Vapor Detector 1 EA
02
Integrated Sampling
Swabs(Reusable Wand & Spring
Knob) 50 EA
03 Sampling Swabs Head(~30-
120samples for each Head) 500 EA
04 Isopropyl (70%) Swabs 500 EA
05 Accessories MS-3000-A-10 1 EA
06 Sensor Matrix, Spare Parts MS-
3000-C-05 1 EA
07 Training 2 Year
08 Service and maintenance 1 EA
09 Shipping EA
Grand Total
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CONTINUATION TO SF-1449
RFQ NUMBER 19KV4221Q0008
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
II. Delivery Location and Time
A. The Contractor shall deliver all ordered items to the U.S. Embassy in Pristina. The address is:
U.S. Embassy in Pristina
Woodrow Wilson # 3
10000 Pristina, Kosovo
B. The Contractor shall deliver all items not later than 30 days after date of contract award.
C. Any Contractor personnel involved with the delivery of the items shall comply with standard U.S.
Embassy regulations for receiving supplies. The Contracting Officer's Representative (COR) will be
responsible for instructing contractor personnel at the time deliveries are made. Prior notice of at least 5
days.
D. If delivery will be to U.S. Embassy, delivery shall be made between the hours of 08:00 through
17:00, Monday through Friday.
QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan provides an effective method to promote satisfactory contractor performance. The QASP provides
a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the
Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory
performance. The Contractor, not the Government, is responsible for management and quality control to
meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract
standards are achieved.
Performance Objective Scope of Work Para Performance Threshold
Services.
Performs all furnish and delivery
services set forth in the scope of
work.
1. thru 19.
All required services are
performed and no more than one
(1) customer complaint is
received per month.
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SECTION 2 - CONTRACT CLAUSES
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT 2018), AND
(DEVIATION 2017-02) (JUNE 2017) is incorporated by reference.
(See SF-1449, block 27a).
52.212- 5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS-COMMERCIAL ITEMS (AUG 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive orders
applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts
(and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and
108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020),
with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act
of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery
and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117,
section 743 of Div. C).
https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_203-19https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#id189A70O0P1Nhttps://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#unique_1216363765https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1062680https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1048661http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1048698http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1063319http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1063504http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1063607https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1064087http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelimhttps://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1064214
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_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (OCT 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)
(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-3.
__ (12)
(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR
2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-4.
__ (13) [Reserved]
__ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and
(3)).
__ (17)
(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv)Alternate III (JUN 2020) of 52.219-9.
__ (v)Alternate IV (JUN 2020) of 52.219-9
__ (18)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1064243https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1062590http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelimhttps://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1062651http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelimhttps://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057314http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelimhttps://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057314https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057352http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057352https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057393https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057393http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057393https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057419http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057419https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-8http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-9http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-9https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-9https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-9https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-9https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057715http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057715https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057730http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
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__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN
1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR
2020) (15 U.S.C. 657f).
__ (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020)
(15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR
2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).
__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and
Remedies (JAN2020) (E.O.13126).
__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__ (30)
(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (31)
(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
__ (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496).
_X_ (35)
(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
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__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of
commercial items as prescribed in 22.1803.)
__ (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May
2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-
shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the
acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (JUN 2016) (E.O. 13693).
__ (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and
13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY
2020) (42 U.S.C. 8259b).
__ (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423
and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47)
(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49)
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(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY
2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001
note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,
112-42, and 112-43.
__ (ii) Alternate I (MAY 2014) of 52.225-3.
__ (iii) Alternate II (MAY 2014) of 52.225-3.
__ (iv) Alternate III (MAY 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations,
and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)
(42 U.S.C. 5150).
_X_ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB
2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017)
(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (OCT2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB
2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial
services, that the Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial items:
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__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)
(41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
(42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain
the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent
records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials,
and other evidence for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other
clauses of this contract. If this contract is completely or partially terminated, the records relating to the work
terminated shall be made available for 3 years after any resulting final termination settlement. Records
relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or
relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices,
and other data, regardless of type and regardless of form. This does not require the Contractor to create or
maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a
provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a
subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-
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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts
(and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)),
in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of
subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014)
(41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (MAY2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1063504http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_203-19https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#id189A70O0P1Nhttps://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#unique_1216363765https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-8http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelimhttps://acquisition.gov/content/part-19-small-business-programs#i1100224https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-8https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1055713https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1055793https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056230http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056250http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056265http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056304https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056304https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_222_41http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelimhttps://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056535http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056535http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056685http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056732http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056753https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1056818
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(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN
2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB
2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d)
of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Add the following clause in full text:
52.229-12 Tax on Certain Foreign Procurements (JUN 2020)
(a) Definitions. As used in this clause—
Foreign person means any person other than a United States person.
United States person, as defined in 26 U.S.C. 7701(a)(30), means—
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and
(5) Any trust if—
(i) A court within the United States is able to exercise primary supervision over the administration of
the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing
regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_222_62https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_224_3http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_224_3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1054921http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1055065http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1055065https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1046560http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1046560
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(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding,
the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14,
Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or
invoice submitted under this contract throughout the period in which this status is applicable. The excise tax
withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS
Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a
different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment
request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment
request. Information about IRS Form W-14 and its separate instructions is available via the internet
at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on
Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and
certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a
change in circumstances during the performance of the contract that causes the Contractor to become subject
to the withholding for the 2 percent excise tax then the Contractor shall—
(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the
Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and
(ii) Comply with paragraph (c)(1) of this clause.
(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an
exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by
Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the
contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through
12), 3ontractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS
Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS
Form W-14 and its instructions.
(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5)
through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS.
Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS
as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.
(f) Taxes imposed under 26 U.S.C. 5000C may not be—
(1) Included in the contract price; nor
(2) Reimbursed.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax
treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling,
which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and
regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts.
For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-
questions.
(End of clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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This contract incorporates one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the
full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the
Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet
“search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current
FAR.
The following Federal Acquisition Regulation clauses are incorporated by reference:
CLAUSE TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT
2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE (JUL 2016)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND
TRANSLATION OF CONTRACT (FEB 2000)
52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act) (JUL
2014)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE
2013)
52.232-40 PROVIDING ACCLERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
The following FAR clauses are provided in full text:
652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)
(AUG 1999)
(a) General. The Government shall pay the Contractor as full compensation for all work required,
performed, and accepted under this contract the firm fixed-price stated in this contract.
(b) Invoice Submission. The Contractor shall submit invoices in an original and 2 copies to the
office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all
the items required by FAR 32.905(e).
https://acquisition.gov/browse/index/farhttps://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl
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U.S. Embassy in Pristina
4 Korriku # 25
10000 Pristina
Kosovo
Or, electronically through email: [email protected]
(c) Contractor Remittance Address. The Government will make payment to the contractor’s address
stated on the cover page of this contract, unless a separate remittance address is shown below:
(End of clause)
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name
or position title, to take action for the Contracting Officer under this contract. Each designee shall be
identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and
limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions
of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the
designation.
(a) The COR for this contract is INL
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The Contractor warrants the following:
(1) That is has obtained authorization to operate and do business in the country or countries
in which this contract will be performed;
(2) That is has obtained all necessary licenses and permits required to perform this contract;
and,
(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said
country or countries during the performance of this contract.
(b) If the party actually performing the work will be a subcontractor or joint venture partner, then
such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE
UNITED STATES (JUL 1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S.
Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of
exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of
payment of excise tax.
(End of clause)
mailto:[email protected]
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SECTION 3 - SOLICITATION PROVISIONS
FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JUN 2020), is
incorporated by reference (see SF-1449, Block 27A)
ADDENDUM TO 52.212-1
Instructions to Offeror. Each offer must consist of the following:
1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as
appropriate), and Section 1 has been filled out.
2 List of clients over the past 2 years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts,
contact names, telephone and fax numbers and email addresses). If the offeror has not performed
comparable services in Kosovo then the offeror shall provide its international experience. Offerors
are advised that the past performance information requested above may be discussed with the client’s
contact person. In addition, the client’s contact person may be asked to comment on the offeror’s:
◼ Quality of services provided under the contract; ◼ Compliance with contract terms and conditions; ◼ Effectiveness of management; ◼ Willingness to cooperate with and assist the customer in routine matters, and when
confronted by unexpected difficulties; and
◼ Business integrity / business conduct.
The Government will use past performance information primarily to assess an offeror’s capability to
meet the solicitation performance requirements, including the relevance and successful performance of
the offeror’s work experience. The Government may also use this data to evaluate the credibility of the
offeror’s proposal. In addition, the Contracting Officer may use past performance information in making
a determination of responsibility.
3 Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work;
4 The offeror shall address its plan to obtain all licenses and permits required by local law (see DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses and
permits, a copy shall be provided.
5 The offeror’s strategic plan for services to include but not limited to: (a) A work plan taking into account all work elements in Section 1, Performance Work
Statement.
(b) Identify types and quantities of equipment, supplies and materials required for performance of
services under this contract. Identify if the offeror already possesses the listed items and their
condition for suitability and if not already possessed or inadequate for use how and when the items
will be obtained;
(c) Plan of ensuring quality of services including but not limited to contract administration and
oversight; and
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(d) (1) If insurance is required by the solicitation, a copy of the Certificate of Insurance(s), or (2)
a statement that the Contractor will get the required insurance, and the name of the insurance
provider to be used.
FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (AUG 2018), is incorporated
by reference (See SF-1449, block 27a).
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text
available. In addition, the full text of a clause may be accessed electronically at Acquisition.gov this address
is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the
Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet
“search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current
FAR.
The following Federal Acquisition Regulation solicitation provisions are incorporated by reference:
PROVISION TITLE AND DATE
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS
(FEB 2012)
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE
(APR 1991)
652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)
(a) The Department of State’s Advocate for Competition is responsible for assisting industry in removing
restrictive requirements from Department of State solicitations and removing barriers to full and open
competition and use of commercial items. If such a solicitation is considered competitively restrictive or
does not appear properly conducive to competition and commercial practices, potential offerors are
encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:
(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at
(2) For all others, the Department of State Advocate for Competition at [email protected].
https://acquisition.gov/browse/index/farhttps://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tplmailto:[email protected]:[email protected]
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(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential
offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the
ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or
Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the
communication of concerns, issues, disagreements, and recommendations of interested parties to the
appropriate Government personnel, and work to resolve them. When requested and appropriate, the
ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not
participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract
disputes. Interested parties are invited to contact the contracting activity ombudsman, [insert name] , at
___[insert telephone and fax numbers] . For an American Embassy or overseas post, refer to the numbers
below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations
which cannot be resolved at a contracting activity level may be referred to the Department of State
Acquisition Ombudsman at (703) 516-1696 or write to: Department of State, Acquisition Ombudsman,
Office of the Procurement Executive (A/OPE), Suite 1060, SA-15, Washington, DC 20520.
(End of provision)
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SECTION 4 - EVALUATION FACTORS
• Award will be made to the lowest priced, acceptable, responsible quoter. The quoter shall submit a completed solicitation, including Sections 1 and 5.
• The Government reserves the right to reject proposals that are unreasonably low or high in price.
• The lowest price will be determined by multiplying the offered prices times the estimated quantities in “Prices - Continuation of SF-1449, block 23”, and arriving at a grand total, including all options, if any.
• The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.
• The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:
• adequate financial resources or the ability to obtain them;
• ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
• satisfactory record of integrity and business ethics;
• necessary organization, experience, and skills or the ability to obtain them;
• necessary equipment and facilities or the ability to obtain them; and
• be otherwise qualified and eligible to receive an award under applicable laws and regulations.
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ADDENDUM TO EVALUATION FACTORS
FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12
The following FAR provisions are provided in full text:
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
The Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise
the option(s).
52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers
by converting the foreign currency to United States currency using the exchange rate used by the Embassy
in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures—
(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise (2) On the date specified for receipt of proposal revisions.
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SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it ‘‘does
not provide covered telecommunications equipment or
services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other
contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—
Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial
Items. The Offeror shall not complete the representation in paragraph (d)(2) of this
provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any
equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision
at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology,
interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided
in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from
procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. Nothing in the
prohibition shall be construed to—
(i)Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii)Cover telecommunications equipment that cannot route or redirect user data traffic
or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract
or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part
of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether
that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i)Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii)Cover telecommunications equipment that cannot route or redirect user data traffic
or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications
equipment or services”.
(d) Representation. The Offeror represents that—
(1)It □ will, □ will not provide covered telecommunications equipment or services to the
Government in the performance of any contract, subcontract or other contractual instrument
resulting from this solicitation. The Offeror shall provide the additional disclosure information
required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and
(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror
represents that—
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It □ does, □ does not use covered telecommunications equipment or services, or use any
equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the
additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph
(d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has
responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as
part of the offer:
(i)For covered equipment—
(A)The entity that produced the covered telecommunications equipment (include
entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a
distributor, if known);
(B)A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to
determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii)For covered services—
(A)If the service is related to item maintenance: A description of all covered
telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable); or
(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and
explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such
use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the
following information as part of the offer:
(i)For covered equipment—
(A)The entity that produced the covered telecommunications equipment (include
entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a
distributor, if known);
(B)A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to
determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii)For covered services—
(A)If the service is related to item maintenance: A description of all covered
telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable); or
(B)If not associated with maintenance, the PSC of the service being provided; and
explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would
be permissible under the prohibition in paragraph (b)(2) of this
provision.
(End of provision)
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52.212–3 Offeror Representations and Certifications—Commercial Items (OCT 2020)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and
certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror
has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c)
through (v)) of this provision.
(a) Definitions. As used in this provision—
“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on
Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at
least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled
by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13
CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which
the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished
by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one
or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include,
but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family
members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic
corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
https://www.sam.gov/https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4Chttp://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelimhttp://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim
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(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or
processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and
reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan
Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations
that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the
business can demonstrate—
(1) Are conducted under contract directly and exclusively with the region